Questions Answered by Richard Carl Perry Jr.

Q: Does alabama have a three strikes law for petty theft

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jul 20, 2013
Richard Carl Perry Jr.'s answer
Alabama has a habitual offender which applies to felonies. It does not sound like you have a felony so you should not have anything to worry about.

Q: Malicious Charge Filing. 1st Degree Felony Theft of Property ($6,000) Need An Opinion.

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jul 20, 2013
Richard Carl Perry Jr.'s answer
In these types of cases, the state is actually the one who brings the charges and prosecutes. It is very likely in your case that the prosecutor would go before the grand jury in order to secure an indictment. If the grand jury issues an indictment, you would be arrested and expected to defend the case. If the grand jury does not return an indictment, this would result in a no bill and the case would likely die.

To answer your question -- the store does not have the right to rescind...

Q: What is the age of majority in alabama?

1 Answer | Asked in Juvenile Law for Alabama on
Answered on Jul 20, 2013
Richard Carl Perry Jr.'s answer
The age of majority is 19 in the State of Alabama. However, you can become emancipated at the age of 18 in some instances which gives you the rights as if you had already attained the age of majority.

Q: What rights for alimony do I have as full time student,not working,1 child.?

1 Answer | Asked in Divorce for Alabama on
Answered on Jul 20, 2013
Richard Carl Perry Jr.'s answer
There are several factors that come into play when arguing for alimony. What is the length of the marriage? The longer you have been married, the greater your chances of getting alimony. Of course, this is not the only thing to consider. What is your spouse's level of education, or, what kind of work does he do? In addition to this, how much is his income? This goes to the spouse's ability to pay. Another factor is how long you have been in school?

There are different forms of...

Q: Can I ask for a extention of the Alimony payments since it will take longer to graduate College and be able to findjob?

2 Answers | Asked in Divorce for Alabama on
Answered on Jul 18, 2013
Richard Carl Perry Jr.'s answer
You can always petition the Court to ask them to extend alimony payments. In order to be successful, you will have to show that there is a need and that the individual has the ability to pay. Of course, your argument would be that he has been able to pay, thus far, and that he should be able to continue paying.

I have represented hundreds of clients across the State of Alabama in cases similar to this. Please feel free to give me a call to discuss your options. I would be happy to...

Q: My daughter and I live in Az, my ex Al. Can he sign away his parental rights in Al and not pay support?

1 Answer | Asked in Family Law for Alabama on
Answered on Jul 10, 2013
Richard Carl Perry Jr.'s answer
Were you divorced in Alabama or Arizona? There are some procedural rules that have to be considered. If you were divorced in Alabama, you would likely file here. However, if you were divorced in Arizona, it would probably be easier to file there. It would also depend on how many years you have lived in Arizona. There are some other procedures that would come into play with regards to the Uniform Child Custody Jurisdiction Enforcement Act. Give me a call to discuss your case. I would be...

Q: When does guardianship terminate?

1 Answer | Asked in Family Law for Alabama on
Answered on Jul 10, 2013
Richard Carl Perry Jr.'s answer
Is it temporary guardianship? It would probably be a little easier to help you if you were able to provide a little more information. Give me a call to discuss your concerns. I would be happy to talk to you.

Q: In the state of alabama how old do you have to be to move out?

1 Answer | Asked in Family Law for Alabama on
Answered on Jul 10, 2013
Richard Carl Perry Jr.'s answer
You are considered to be a minor until you reach the age of 19 in the State of Alabama. However, depending on the circumstances, you may be emancipated at the age of 18. Give me a call to discuss your situation. I would be happy to help.

Q: How do I know if I have a case? I feel like i have been dealt a great injustice

1 Answer | Asked in Family Law for Alabama on
Answered on Jul 10, 2013
Richard Carl Perry Jr.'s answer
Call an attorney to discuss your concerns. Most do not charge an initial consultation fee. I would be happy to discuss your legal concerns with you. Give me a call.

Q: What if a adult was giving my minor child tobacca can i report that

1 Answer | Asked in Family Law for Alabama on
Answered on Jul 10, 2013
Richard Carl Perry Jr.'s answer
Yes, you can report it. You would either contact the police department and file a report or go to the Court and speak to someone in the prosecutor's / DA's office.

Q: Can I relinquish rights to adopted children?

1 Answer | Asked in Family Law for Alabama on
Answered on Jul 10, 2013
Richard Carl Perry Jr.'s answer
Yes, you can file a petition to terminate your rights. However, if the children depend on your for any type of child support, it would be a pretty tough to succeed. I have represented hundreds of family law cases across the State of Alabama and would be happy to discuss your legal options with you. Feel free to give me a call.

Q: Can I file lawsuit against a city, after signing a waiver that I wouldn't?

1 Answer | Asked in DUI / DWI for Alabama on
Answered on Jul 10, 2013
Richard Carl Perry Jr.'s answer
No, this is no extortion. This is typically something the prosecution will do to keep you from bringing a suit against them at a later date. It is perfectly a good trade off -- "We won't sue you if you don't sue us..." If the prosecution tried to, at a later date, bring charges against you for the same crime, you could ask the Court to enforce the agreement you worked out with the prosecution. It is actually a safe guard to you. The other option would have been for the prosecution to no...

Q: How long does the state have to give you to dispute lab results?

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jul 10, 2013
Richard Carl Perry Jr.'s answer
In order to answer your question, I would need a little more information? Has the State already brought charges against you? If so, there are various motions you would want an attorney to file on your behalf. One is typically a Motion to Suppress the Evidence -- especially if it will proceed to trial and depending on the type of case you are referring to. The Court would set a hearing in which it would hear arguments as to why the evidence / lab results would be suppressed. You are welcome...

Q: If someone broke into a school with no fored entry,stole nothing and vandalized nothing, does that classify as a felony

1 Answer | Asked in Criminal Law for Alabama on
Answered on Jul 8, 2013
Richard Carl Perry Jr.'s answer
I could. It just depends on the type of charge the state decides to pursue. If you want to give me a call to discuss your case, I would be happy to talk to you.

Q: How can I find out when the grand jury meets in my county?

1 Answer | Asked in Municipal Law for Alabama on
Answered on Jul 8, 2013
Richard Carl Perry Jr.'s answer
Call the DAs office and ask the next time the grand jury will meet.

Q: I was awarded temporary custody of my granchild in alabama but daughter the mother of child fled to florida with child.

1 Answer | Asked in Family Law for Alabama on
Answered on Jul 8, 2013
Richard Carl Perry Jr.'s answer
If you have a Court Order granting you custody of your grandchild, you should immediately contact the police or the DAs office. Your daughter has committed kidnapping and the authorities can take care of this for you.

Q: If I want to file for an uncontested divorce where can I get the forms for free?

1 Answer | Asked in Divorce for Alabama on
Answered on Jul 8, 2013
Richard Carl Perry Jr.'s answer
It would be my suggestion that you would go ahead and pay a little money for an attorney to represent your uncontested divorce. You have to keep in mind that "you get what you pay for." Even in an uncontested divorce, there are still mandatory forms you would file regarding child support even if there are no children born of the marriage. If the uncontested divorce is not done correctly, the court will kick it out. This will then put you in a situation where you have to hire an attorney to...

Q: Does a man have to pay alimony to wife if they have been separated 5 years and they get a divorce ?

1 Answer | Asked in Divorce for Alabama on
Answered on Jul 2, 2013
Richard Carl Perry Jr.'s answer
Of course, this is going to depend on the needs of the wife. You have a good argument NOT to pay alimony since you have been separated as long as you have. In other words, she has lived without your support for the last five years, therefore, she can continue to live without your support. However, it will all depend on what the judge ultimately says. One of the purposes of alimony is to keep your wife in the position that she has been use to living since the marriage began. If you have...

Q: My husband beat me the whole marriage plus some. How do I go about not letting him know where I stay now or my phone #?

1 Answer | Asked in Divorce for Alabama on
Answered on Jul 2, 2013
Richard Carl Perry Jr.'s answer
The only reason you would have to let him know where you live or your telephone number is if there are children involved. He has a right to know where his children are and he has the right to talk to them on the telephone. However, there are safety nets in place if the abuse is continuing to happen. If you have questions and concerns, feel free to give me a call. I would be happy to discuss your case with you.

Q: Should i invite my father, who had disowned me as a daugher, to my high school graduation? he's currently divorcing mom.

1 Answer | Asked in Divorce for Alabama on
Answered on Jul 2, 2013
Richard Carl Perry Jr.'s answer
This is a touchy subject. In a typical settlement agreement, the Plaintiff and Defendant agree to keep the other notified of any activities, such as graduation, that the children are involved in. If your parents have not yet gotten a divorce and dad is not invited to the graduation, he could always use this against mom. That does not necessarily mean that it would hurt mom, but once again, he could definitely try to use it against her.

Divorce is always hard -- especially if there are...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.